East Brainerd Personal Injury Lawyer

While most injuries are the result of accidents or other circumstances beyond control, some are not. All people possess a legal duty to act reasonably. When someone fails to uphold this duty, personal injuries are more likely to occur.

Since personal injuries can happen in almost any way, the cause of injury ranges from auto accidents, slip and fall accidents, mistakes in medical practice, or the use of a defective product. Regardless of how a personal injury was suffered, an established East Brainerd personal injury lawyer could understand the injuries and identify the liable parties. Our experienced attorneys could use this information to fight for compensation on your behalf.

Negligence in Personal Injury Cases

The majority of successful personal injury cases in East Brainerd are based on attorney demonstrating another’s actions amounted to negligence. In these cases, four points must be proven for a claim to be successful.

Duty

Regardless of whether a defendant was driving, invited someone into his or her home, or provided medical care, he or she has a duty to act as a reasonable person would in the same situation. This generally means acting in a manner that ensures the safety of those around.

Breach of the Duty

When a defendant failed to act within his or her legal duty, a breach of duty occurs. While a breach is not enough to determine negligence, it may influence the cause of an injury.

Breach Leads to Injury

Once a breach is established, a personal injury attorney will generally need to show how the breach of duty caused an injury. Proof of injury may involve accessing medical records, police reports, and witness testimony.

Damages Linked to Injury

Finally, it must be shown that the injury resulted in physical, emotional, or financial harm. This is legally referred to as damages, which may be proven with medical bills, testimony, and other documentation.

When all four of these elements can be established, a plaintiff may be entitled to compensation for his or her damages. It may be beneficial for potential plaintiffs to discuss the circumstances of an injury with a reputable East Brainerd personal injury attorney before proceeding with a legal claim. In addition to identifying liable parties, an attorney may help evaluate the merit of a potential case.

Statute of Limitations in East Brainerd

East Brainerd maintains legal deadlines for filing a lawsuit. Potential plaintiffs have one year from the date of the incident that resulted in injury to file a lawsuit, per Tennessee Code § 28-3-104. This is a firm deadline. Plaintiffs may lose their right to seek legal damages for their injuries if they fail to file within the proper time limit.

Consequently, individuals may wish to seek the advice of an East Brainerd personal injury lawyer relatively soon after an accident. An attorney may advise on seeking medical treatment and begin collecting evidence necessary to file a claim.

Retaining an East Brainerd Personal Injury Attorney

Sustaining a personal injury may be frustrating. People suffering from the effects of an injury may be forced to miss time from work, need expensive medical care, and be emotionally scarred. Fortunately, a compassionate attorney can stand by your side through the entirety of a claim.

An experienced East Brainerd personal injury lawyer may use evidence and testimony to demonstrate how a defendant’s negligence impacted your life. Our lawyers may assist with negotiating a settlement, determining the value of damages, and assuring a case is filed on time. Contact an attorney today to discuss your injuries and potential legal claims.

East Brainerd Personal Injury Lawyer